Статті в журналах з теми "Custodial dignity"

Through Law no. 254/2013 on the execution of punishments and custodial measures ordered by the court in criminal proceedings, continue changing the approach of the treatment of detainees. Transposition of human dignity in the prison environment involves a radical change in conceptions about prison, inmate and his treatment.

Clinical legal aid in law schools and universities should be taken seriously by universities because it provides a platform for resolving the problems of the oppressed, women, children, and other people in need of legal aid that also pertains to human rights. Legal Aid Clinics may be the most authentic source of the dissemination of information pertaining to human rights and human dignity, custodial deaths, torture, and IPR violations. The following topics will be discussed in this research paper: Appointment of Advocates in Law College Faculty for Management of College Legal Aid Clinics; Organization of Legal Aid Clinics in Villages and Jail Visits; Regular Visits of Students and Professors in Jails and Police Stations Index Terms : — Human Dignity, Human Rights, Legal aid clinics.

One of the most important events in human life is marriage. Humans as social beings cannot live alone, therefore to fulfill their biological needs or want to obtain offspring, humans must legally marry according to the laws in force in Indonesia. Regarding marriage in the state of Indonesia as regulated in the applicable laws and regulations. Based on Law Number 16 of 2019 concerning amendments to Law Number 1 of 1974 article 2 it is said that "Marriage is legal if it is carried out according to the laws of each religion." Disputes over child custody is one of the consequences of the breakup of marriage or divorce between husband and wife. When the divorce leaves a child, according to Burgerlijk Wetboek, children who are not yet adults who are not under parental control must be submitted under guardianship. Based on the research that has been done in Bedalawak Village, in this study the author uses a normative juridical research method. Children are a mandate and gift from God Almighty which in the child is inherent in the dignity and worth as a whole human being. Children are buds, potentials, and the younger generation who will succeed the ideals of the nation's struggle, have a strategic role and have special characteristics and characteristics that ensure the continuity of the existence of the nation and state in the future. Families, parents, government, and society must participate in the care or protection of children. Marriage is a bond that binds two human beings because humans are actually created in pairs. Humans are social creatures, where humans were created by God who cannot live alone and always need the help of others. All families always crave a harmonious family and there is no word of divorce after marriage. One of the noble deeds and should not be damaged and divided by trivial things is marriage.

Given that penal punishment is applied for the purpose of restoring social equity, correction and resocialization of the convict, as well as deterrence of further crime, it becomes imperative that penal enforcement measures are tailored according to both the specific features of the punishment and the individual characteristics of the convict. Therefore, the system of prison sentence enforcement faces a complex task because deprivation of liberty, by its nature, imposes a range of restrictions and limitations. In the process of enforcing prison punishments, there is a risk that punishment measures might cause physical damage and even downgrade the dignity of the convicted person. This article aims to analyse the current situation in the prison administration system in areas that regard the implementation of the legal provisions on prisoners’ placement according to types of prisons and regimes. Moreover, the paper identifies gaps in the legal frameworks and formulates proposals for addressing the pinpointed issues. The relevance of this topic lies in the fact that the purpose of punishment can be fulfilled only when the system of prison regimes is applied by taking into consideration the individual psychological and social needs of the persons deprived of liberty.

In present scenario, India is a democratic country and adopted indirect democracy, where it's citizen can elect from which party they would like to be served as the Preamble of India gives its citizen authority “We The People of India” and elected members are called "Public Servant". India believes in welfare state to promote “Dignity of Individual”, “Unity and Integrity of India”. So the State is under compulsion to uphold welfare state. Police is that agency in the hands of state through which it secures freedom, equality and liberty of every individual who lives in India whether it is Citizen or Non-citizen of India but not a enemy alien. Now a days- committing rape, custodial death, fake encounters, harassment of persons including foreigners are being falsely implicated by police on the basis of corruption and their uninterrupted power and very common in present time. My research paper is useful and beneficial for students, researchers, scholar, professors, agency, government and private department and other establishment. In this research paper, I researched about how the committee's reports on Police reforms are not sufficient to attract the reforms even the judiciary also tried its best to do the job but no result.

In the unique criminal law model of India, a hybrid combination of principles and institutions of the three legal systems, one of the most odious crimes involves encroaching on the honor, dignity, and sexual integrity of a woman. The authors aim to analyze the criminological principles of the scale and simultaneous latency of violent sexual crimes in India. Cultural and civilizational incentives for the prevalence of rape have been identified, including the historical practice of male polygamy, early child marriage, subordination of a woman in the family, her domestic retreat and “eternal widowhood”, as well as a “gender imbalance” and girls’ infanticide in traditional Hindu families. From the point of view of the systematics of crimes, Indian criminologists distinguish more than ten different categories of “feminine torts”, including sexual assault, are classified as a group of “crimes of passion” (Articles 354, 375–376, 509 of the Indian Penal Code 1860). From the point of view of elemental composition of rape, the objective test is dominant (peno-vaginal penetration) and consists of six alternative conditions of a constitutive element “women’s consent”. The recent innovations in the IPC 1860, which expanded the definition of rape and legalized the concept of “custodial rape” from the judicial practice (Tukaram v. State of Muharashtra 1978), as a special composition of sexual violence using official position. There is a significant expansion of the legislative definition of “violence against women” in the family and at office, as well as the toughening of punishments for violent acts against women, up to the expansion of the grounds for the use of the death penalty.

Demographic changes have placed age-related mental health disorders at the forefront of public health challenges over the next three decades worldwide. Within the context of cognitive impairment and neurocognitive disorders among elderly people, the fragmentation of the self is associated with existential suffering, loss of meaning and dignity for the patient, as well as with a significant burden for the caregiver. Psychosocial interventions are part of a person-centered approach to cognitive impairment (including early stage dementia and dementia). Dignity therapy (DT) is a therapeutic intervention that has been shown to be effective in reducing existential distress, mood, and anxiety symptoms and improving dignity in persons with cancer and other terminal conditions in palliative care settings. The aims of this paper were: (i) To briefly summarize key issues and challenges related to care in gerontology considering specifically frail elderly/elderly with cognitive decline and their caregivers; and (ii) to provide a narrative review of the recent knowledge and evidence on DT in the elderly population with cognitive impairment. We searched the electronic data base (CINAHL, SCOPUS, PSycInfo, and PubMed studies) for studies regarding the application of DT in the elderly. Additionally, given the caregiver’s role as a custodian of diachronic unity of the cared-for and the need to help caregivers to cope with their own existential distress and anticipatory grief, we also propose a DT-dyadic approach addressing the needs of the family as a whole.

The custody hearing is characterized by the primary objective of ensuring personal contact of the person arrested with the judge after his arrest in flagrante. The implantation appeared with reproduction existing in international treaties, such as the Pact of San José of Costa Rica, aiming at the human rights of prisoners. Conducted such an audience, by the principles of the Real Truth, Guarantee of the Ample Defense, Presumption of Innocence, Dignity of the Human Person. How to use the legal deductive method, based on the interpretation of rules, according to the literature and the topic addressed, as a general analysis. In the face of a number of reflections, it is concluded that this topic has a great influence on reducing overcrowding in the prison system, on spending on custody of prisoners, as well as on helping the prison system, stimulating alternative means available to the prisoners' others later highlighted.

Federal Law No. 538-FZ of 30 December 2020 substantially tightened the sanctions of the libel article, which previously contained only fines and compulsory labour, by including com-pulsory labour, arrest and imprisonment in most of them. The explanatory memorandum to the bill explained the changes by the need to provide the court with the choice of fair punish-ment, without specifying this provision in detail. As part of the research described in the article, statistics for the Russian Federation for 2013-2020 were taken from the reports of the Judicial Department of the Supreme Court of the Russian Federation to study the practice of punishment for defamation. The analysis showed that law enforcers used the potential of sanctions of Article 128-1 of the Criminal Code in their previous edition to a very limited extent. This was reflected in the high share of fines among penalties imposed, as well as in insignificant amounts of fines even for qualified and especially qualified types of libel, despite the fact that sanctions provide for high maxi-mum fine limits - from RUB 500,000 in part 1 of Article 128-1 of the Criminal Code to RUB 5 million in part 5. In particular, the share of fine among penalties imposed for simple libel was over 85%, and the average fine was equal in 2018 to RUB 11,500. - 11.5 thousand roubles, in 2019 - 13.7 thousand roubles, in 2020. - 16.3 thousand roubles. In 2018, the average fine for public libel (part 2, article 128-1 of the Criminal Code) was 19,500 rubles; in 2020 - 23,100 rubles. - The sanction allowed for a fine of up to 1 million roubles, while the sanction allowed for a fine of up to 1 million roubles. Moreover, over a quarter of those convicted for especially qualified defamation under part 5 of article 128-1 of the Criminal Code were sentenced to a fine of 5,000 rubles, i.e., one thousand times less than the maximum limit established by the sanction. Only in single cases of slander convictions, the fine exceeded 100 thousand rubles. The establishment of custodial sentences for qualified and especially qualified types of defamation seems excessive: a verbal crime against a person's honour and dignity does not require such a harsh criminal legal response. Moreover, the legislator has designed sanctions with too broad a framework, fraught with the risk of arbitrariness in sentencing and the for-mation of contradictory judicial practice (for example, under part 5 of article 128-1 of the RF Criminal Code, both a fine of 5 thousand rubles, and imprisonment for the period of 5 years can be imposed). The inclusion of arrest in the sanction cannot be considered justified, as this type of punishment has not been introduced yet. The optimum way to improve the sanctions for the part 2 to 5 parts of Article 128-1 of the Criminal Code of the RF would be to enhance them with correctional labour and restriction of freedom. These types of punishments corre-spond to the typical level of public danger of qualified and especially qualified types of slan-der and perpetrators of such deeds. Their inclusion in the sanctions would compensate for the disadvantages of the latter, related to the restrictions enshrined in the law on imposing com-pulsory works and large fines.

The overarching ambit of law today encompasses not only the custodian of protecting the fundamental rights of individuals but also the right to live with dignity. This dignity comes not only from ascribed rights that an individual is entitled to, but also with a right to fair survival. The current pandemic has shown not only how a microscopic virus can drive people out of employment and how environment is a supremely important factor to our survival. While health is both a duty and a right so is the Environment. Social Justice is not simply an aim of the legal system, but also a framework and fabric on which civilization is sustained. In this sense, human rights, or rather fundamental rights include more than the rights at the personal level, to even extend to those that come with a greater application. Chiefly this resides with the environment where a person is expected to live- not simply a place but a habitable safe and secure place, and with it comes the obligation to keep it protected and preserve it too. Hence the growing environmental and health concerns are equally significant domains covered under human rights. Researchers have attempted to bring a nexus between the rights and the situations that monitor rights through this paper.

This paper examines how Mexican immigrant custodians at a public California university claim space, make themselves visible, and assert their dignity through their music and sound. A Latino Cultural Citizenship framework is utilized to connect listening practices to a wider socio-cultural context. As one of the fastest growing media formats in the U.S., Spanish-language radio can be heard as both a symbol of a changing America and a contested site of cultural exchange where Latinos negotiate an audible presence. Through in-depth interviews and ethnographic data collection, respondents addressed how listening to Spanish-language radio impacted their work life and their sense of belonging in their local communities. Workers gave testimonies on navigating the “sonic color line” at work and home that policed their bodies and sounds.

In the spring of 1802, the Roman catacombs of Priscilla were the scene of excavations in search of Christian antiquities and martyrs’ bodies. Excavations of this kind had been going on in Rome since the late sixteenth century, though they had been temporarily interrupted during the occupation by French revolutionary troops in the last years of the eighteenth century. On 25 May, the fossores, or diggers, who worked under the authority of a religious dignitary, the Custodian of the Relics, hit on an elaborate tomb. The profuse symbols on the slab were (erroneously) believed to indicate martyrdom: arrows, an anchor and a lash for the instruments of torture, a luxuriant palm for the martyr’s eventual triumph and reward in heaven. From the garbled inscription ‘LUMENA PAX TECUM FI’, the name of Filumena, or Philomena, could be deduced.

This paper aims to study child protection in Islamic law perspective, and how the perspective has derived into the Qanun Aceh on child protection. Islamic law discusses child protection as childnurture/safeguards (hadhanah) and custodian (walayah). Child protection means fulfillingchildren's rights and protection from the harmful situation or things that could be a danger to theirphysics, soul, and property. On the national level, the Indonesian government stipulated theUndang-Undang Number 35 Year 2014 on Child Protection, so at the regional level, theGovernment of Aceh followed up by stipulating the Qanun Number 11 Year 2008 on ChildProtection. The Qanun states that child protection aims to ensure the right for life, grow, develop,and participate optimally as well as humanistic value and dignity, and children get protection fromexploitation, violence, and discrimination. Those all protections toward to realize the good quality ofchildren in Aceh, good morality, and wealth. Child protection is conducted through religion, custom,socio-cultural development. It puts forward basic principles, namely anti-discrimination, the child'sneeds-response, the right to live, and appreciation. Substantially, the Qanun contains all rights inprotecting the child. But there are needs in socializing and optimizing the law enforcer in protectingchildren. This study found many indicators on the less of child protection in Aceh. Recently, Acehstands as the third-highest rank province in Sumatera with the number of child violence.Furthermore, children's sexual harassment becomes the most reported case.

PurposeThis paper investigates the challenges and opportunities for the deployment of whistleblowing as an accountability mechanism to curb corruption and fraud in a developing country. Nigeria is the institutional setting for the study.Design/methodology/approachAdopting an institutional theory perspective and a survey protocol of urban residents in the country, the study presents evidence on the whistleblowing program introduced in 2016. Nigeria’s whistleblowing initiative targets all types of corruption, including corporate fraud.FindingsThis study finds that, even in the context of a developing country, whistleblowing is supported as an accountability mechanism, but the intervention lacks awareness, presents a high risk to whistleblowers and regulators, including the risk of physical elimination, and is fraught with institutional and operational challenges. In effect, awareness of whistleblowing laws, operational challenges and an institutional environment conducive to venality undermine the efficacy of whistleblowing in Nigeria.Originality/valueThe study presents a model of challenges and opportunities for whistleblowing in a developing democracy. The authors argue that the existence of a weak and complex institutional environment and the failure of program institutionalization explain those challenges and opportunities. The authors also argue that a culturally anchored and institutionalized whistleblowing program encourages positive civic behavior by incentivizing citizens to act as custodians of their resources, and it gives voice to the voiceless who have endured decades of severe hardship and loss of dignity due to corruption.

Bhutan’s current constitution draws upon the historical dual system of religious-civil governance under the monarchy (previously Abbot-king) embodying the Mahayana Buddhist concept of Boddhisatva-leadership. Bhutan’s democracy includes an executive-military and pluralist religious custodian role for the King who can be abdicated by parliament. It includes Gross National Happiness as spiritual core, which is non-binding law, incorporating many human rights and human values like compassion. The ban on proselytization in the secular constitution should be viewed from a geopolitical post-colonial perspective of the Christian civilization mission and India/China annexation-politics, and Asian definitions of secularism (Royal patronage of religious pluralism). Christians do experience restrictions on congregation. Hindu Nepalese-origin migrants experience(d) citizenship issues due to geopolitical context but can express religion fully. GNH-policy also has certain implementation difficulties and the GNH index indicates declining community values and spirituality in the face of modernist development. Bhutan’s constitution does not fall within the definition of theocracy. The clergy is excluded from the electoral process. The King’s authority is mainly based on moral leadership, popular uncertainty about imported democracy, and is non-absolute but larger than conventional constitutional monarchies. The constitution is more secular than Buddhist in its binding provisions and offers space for non-GNH oriented governments, also in recent practice. Preserving identity and stability is Bhutan’s aim and secularism needs to look at a group approach, apart from individualist approaches. Human rights traditions could acknowledge the cultural-religious roots that inspired them and keep human dignity alive, instead of wanting to remove it from the state altogether and making human rights the new religion.

The article is devoted to the analysis of the role that archives played in the process of state and national building in Ukraine at the end of 20th – at the beginning of the 21st centuries. The crucial moment in the modern history of our country – proclamation of the Ukrainian independence in 1991 – was closely connected with democratization of society and liberalization of memory policy as well as access to archives. New democratic organization of the Ukrainian nation guarantees the right to information. Thousands of archival files were declassified and became available not only for scientific research but also for wider use. There is an accent on the importance of free access and openness of archives of totalitarian regimes’ repressive institutions. In this respect particular attention is paid to the analysis of the Law of Ukraine “On Access to the Archives of Repressive Bodies of the Communist Totalitarian Regime of 1917–1991” (2015). Archives are the essential sources of collective memory which represent a multifaced nature of the historical development of the state, nation, and society. Furthermore, they give an opportunity to preserve and reproduce the images of different epochs, trace people’s fates. The transformation of society set new challenges for the Ukrainian archival community. The role of archivists evolved from the custodians of the records to mediators between their institutions and society. It has been pointed out that modern technology in archiving open up new possibilities for democratization in communication and free dissemination of information. Nowadays, the establishment of the databases for archival documents, preparation of on-line documentary exhibitions as well as support of public relations is among the main activities of archivists. Ukrainian archivists made significant contribution to the collection and preservation of documentary evidence of the Orange Revolution (2004–2005) and Revolution of Dignity (2014). It should be emphasized that social responsibility of archivists is growing, particularly in open democratic society, because they have to satisfy the right to know, to access to information as well as to protect state security and personal rights of citizens. Finally, it is necessary to mention that archivist is an extremely important, noble and always relevant profession, designed to keep and update the documentary evidence of the past in the modern world for the sake of the future, for historical development continuity, genetic links of generations.

Departing from the direct testimonies gathered in Afghanistan during over 20 years of fieldwork, the paper offers an overview of Afghan women's resistance, especially following the experience of the RAWA association, in their fight against all the oppressive regimes that have featured Afghanistan's history, from the resistance against the Red Army, to that against the United State’s and NATO invasion, to the restored Taliban regime. The paper, also, focuses on the struggles of the Afghan democratic resistance in the years of the Soviet occupation, which the A. personally witnessed in 1980.

This article explores the importance of using Tshivenḓa indigenous forms of address by the youth as part of Tshivenḓa culture and tradition in Tshimbupfhe, Limpopo Province. Indigenous forms of address are part and parcel of the language and culture of any society. The use of this cultural custom has the potential to maintain and preserve the language and the culture of any society. However, it seems the youth in Tshimbupfhe are unaware of the linguistic and cultural value of this phenomenon. Therefore, if these indigenous forms of address are not applied or used properly, misunderstandings and the ultimate death of the Tshivenḓa language and culture could result in the future. Failure to use these forms of address properly may be seen as a precursor to the death of the language, which may result in the loss of culture and dignity of the addressee. This study adopted a qualitative approach and relied on face-to-face semi-structured interviews to collect data from four purposively selected participants. It was found that the youth in Tshimbupfhe communities do not know the importance of using Tshivenḓa indigenous forms of address. Therefore, Tshivenḓa indigenous forms of address should be taught from early childhood so that the young generation can grow up with the knowledge and understanding of these forms. Furthermore, initiation schools, which are traditionally the custodian of this culture, need to be revived.

India is a secular state which has no official religion of the State. However, all religions are given equal respect and dignity. The people are free to profess, practice and propagate1 their religion and this is protected under the fundamental right of Article 25. It is to be noted that the Supreme Court is the custodian of the Constitution and has the right to interfere in the legislations that violate the Fundamental rights of the Citizens i.e through the process of Judicial review. On other hand, the practices that are inherent and essential part of the religion cannot be interfered with by the Judiciary or any other organ as it is protected by the Constitution. Eversince the case of ‘The Commissioner, Hindu Religious Endowments, Madras vs Sri Lakshmindra Thirtha Swamiyar of Sri Thirur Mutt’, the Apex Court has developed the doctrine of the Essentiality test to determine whether the religious practice is essential part of the religion or not. The primary goal of the research paper is to analyse how the Judiciary employs this test to different cases pertinent to religious practice and describe the criticisms followed on this test. Also, the research also analyses how the role of the Supreme Court varied from the interpreter of the Constitution to the role of theological interpreter. The research is based primarily on the ratio and judgements of the cases. In the end, the overall utility of the essentiality test would be elucidated.

As custodians of children’s hopes and aspirations, we must accept the responsibility for creating an environment that will help children thrive. Child abuse is a major public health problem all over the world. It can be in the form of physical, sexual, emotional or just neglect in providing for the child’s needs. These factors can leave the child with serious, long-lasting psychological damage. Violence against children, including corporal punishment, is a violation of the rights of the child. It conflicts with the child’s human dignity and the right of the child to physical integrity. As most of the abuse injuries occur in the head and neck, dentists can easily diagnose them and as health care professionals, it is our duty to detect such abuses at an early stage to prevent further harm to the child and counseling of the abusive caretaker. The management of child abuse can be complicated, and often require a multidisciplinary approach, encompass professionals who will identify the cause of the abuse or neglect, treatment of the immediate problems and referral of the child to the relevant child protection authority for action. The involvement of dentists in child protection teams would be beneficial in two ways, dentists would become aware of their role and would assist in the training of physicians and other professionals.

As custodians of children’s hopes and aspirations, we must accept the responsibility for creating an environment that will help children thrive. Child abuse is a major public health problem all over the world. It can be in the form of physical, sexual, emotional or just neglect in providing for the child’s needs. These factors can leave the child with serious, long-lasting psychological damage. Violence against children, including corporal punishment, is a violation of the rights of the child. It conflicts with the child’s human dignity and the right of the child to physical integrity. As most of the abuse injuries occur in the head and neck, dentists can easily diagnose them and as health care professionals, it is our duty to detect such abuses at an early stage to prevent further harm to the child and counseling of the abusive caretaker. The management of child abuse can be complicated, and often require a multidisciplinary approach, encompass professionals who will identify the cause of the abuse or neglect, treatment of the immediate problems and referral of the child to the relevant child protection authority for action. The involvement of dentists in child protection teams would be beneficial in two ways, dentists would become aware of their role and would assist in the training of physicians and other professionals.

IntroductionIn the wine world, authenticity is not just desired, it is actively required. That demand comes from a complex of producers, distributors and consumers, and other interested parties. Consequently, the authenticity of wine is constantly created, reworked, presented, performed, argued over, contested and appreciated.At one level, such processes have clear economic elements. A wine deemed to be an authentic “expression” of something—the soil and micro-climate in which it was grown, the environment and culture of the region from which it hails, the genius of the wine-maker who nurtured and brought it into being, the quintessential characteristics of the grape variety it is made from—will likely make much more money than one deemed inauthentic. In wine, as in other spheres, perceived authenticity is a means to garner profits, both economic and symbolic (Beverland).At another level, wine animates a complicated intertwining of human tastes, aesthetics, pleasures and identities. Discussions as to the authenticity, or otherwise, of a wine often involve a search by the discussants for meaning and purpose in their lives (Grahm). To discover and appreciate a wine felt to “speak” profoundly of the place from whence it came possibly involves a sense of superiority over others: I drink “real” wine, while you drink mass-market trash (Bourdieu). It can also create reassuring senses of ontological security: in discovering an authentic wine, expressive of a certain aesthetic and locational purity (Zolberg and Cherbo), I have found a cherishable object which can be reliably traced to one particular place on Earth, therefore possessing integrity, honesty and virtue (Fine). Appreciation of wine’s authenticity licenses the self-perception that I am sophisticated and sensitive (Vannini and Williams). My judgement of the wine is also a judgement upon my own aesthetic capacities (Hennion).In wine drinking, and the production, distribution and marketing processes underpinning it, much is at stake as regards authenticity. The social system of the wine world requires the category of authenticity in order to keep operating. This paper examines how and why this has come to be so. It considers the crafting of authenticity in long-term historical perspective. Demand for authentic wine by drinkers goes back many centuries. Self-conscious performances of authenticity by producers is of more recent provenance, and was elaborated above all in France. French innovations then spread to other parts of Europe and the world. The paper reviews these developments, showing that wine authenticity is constituted by an elaborate complex of environmental, cultural, legal, political and commercial factors. The paper both draws upon the social science literature concerning the construction of authenticity and also points out its limitations as regards understanding wine authenticity.The History of AuthenticityIt is conventional in the social science literature (Peterson, Authenticity) to claim that authenticity as a folk category (Lu and Fine), and actors’ desires for authentic things, are wholly “modern,” being unknown in pre-modern contexts (Cohen). Consideration of wine shows that such a view is historically uninformed. Demands by consumers for ‘authentic’ wine, in the sense that it really came from the location it was sold as being from, can be found in the West well before the 19th century, having ancient roots (Wengrow). In ancient Rome, there was demand by elites for wine that was both really from the location it was billed as being from, and was verifiably of a certain vintage (Robertson and Inglis). More recently, demand has existed in Western Europe for “real” Tokaji (sweet wine from Hungary), Port and Bordeaux wines since at least the 17th century (Marks).Conventional social science (Peterson, Authenticity) is on solider ground when demonstrating how a great deal of social energies goes into constructing people’s perceptions—not just of consumers, but of wine producers and sellers too—that particular wines are somehow authentic expressions of the places where they were made. The creation of perceived authenticity by producers and sales-people has a long historical pedigree, beginning in early modernity.For example, in the 17th and 18th centuries, wine-makers in Bordeaux could not compete on price grounds with burgeoning Spanish, Portuguese and Italian production areas, so they began to compete with them on the grounds of perceived quality. Multiple small plots were reorganised into much bigger vineyards. The latter were now associated with a chateau in the neighbourhood, giving the wines connotations of aristocratic gravity and dignity (Ulin). Product-makers in other fields have used the assertion of long-standing family lineages as apparent guarantors of tradition and quality in production (Peterson, Authenticity). The early modern Bordelaise did the same, augmenting their wines’ value by calling upon aristocratic accoutrements like chateaux, coats-of-arms, alleged long-term family ownership of vineyards, and suchlike.Such early modern entrepreneurial efforts remain the foundations of the very high prestige and prices associated with elite wine-making in the region today, with Chinese companies and consumers particularly keen on the grand crus of the region. Globalization of the wine world today is strongly rooted in forms of authenticity performance invented several hundred years ago.Enter the StateAnother notable issue is the long-term role that governments and legislation have played, both in the construction and presentation of authenticity to publics, and in attempts to guarantee—through regulative measures and taxation systems—that what is sold really has come from where it purports to be from. The west European State has a long history of being concerned with the fraudulent selling of “fake” wines (Anderson, Norman, and Wittwer). Thus Cosimo III, Medici Grand Duke of Florence, was responsible for an edict of 1716 which drew up legal boundaries for Tuscan wine-producing regions, restricting the use of regional names like Chianti to wine that actually came from there (Duguid).These 18th century Tuscan regulations are the distant ancestors of quality-control rules centred upon the need to guarantee the authenticity of wines from particular geographical regions and sub-regions, which are today now ubiquitous, especially in the European Union (DeSoucey). But more direct progenitors of today’s Geographical Indicators (GIs)—enforced by the GATT international treaties—and Protected Designations of Origin (PDOs)—promulgated and monitored by the EU—are French in origin (Barham). The famous 1855 quality-level classification of Bordeaux vineyards and their wines was the first attempt in the world explicitly to proclaim that the quality of a wine was a direct consequence of its defined place of origin. This move significantly helped to create the later highly influential notion that place of origin is the essence of a wine’s authenticity. This innovation was initially wholly commercial, rather than governmental, being carried out by wine-brokers to promote Bordeaux wines at the Paris Exposition Universelle, but was later elaborated by State officials.In Champagne, another luxury wine-producing area, small-scale growers of grapes worried that national and international perceptions of their wine were becoming wholly determined by big brands such as Dom Perignon, which advertised the wine as a luxury product, but made no reference to the grapes, the soil, or the (supposedly) traditional methods of production used by growers (Guy). The latter turned to the idea of “locality,” which implied that the character of the wine was an essential expression of the Champagne region itself—something ignored in brand advertising—and that the soil itself was the marker of locality. The idea of “terroir”—referring to the alleged properties of soil and micro-climate, and their apparent expression in the grapes—was mobilised by one group, smaller growers, against another, the large commercial houses (Guy). The terroir notion was a means of constructing authenticity, and denouncing de-localised, homogenizing inauthenticity, a strategy favouring some types of actors over others. The relatively highly industrialized wine-making process was later represented for public consumption as being consonant with both tradition and nature.The interplay of commerce, government, law, and the presentation of authenticity, also appeared in Burgundy. In that region between WWI and WWII, the wine world was transformed by two new factors: the development of tourism and the rise of an ideology of “regionalism” (Laferté). The latter was invented circa WWI by metropolitan intellectuals who believed that each of the French regions possessed an intrinsic cultural “soul,” particularly expressed through its characteristic forms of food and drink. Previously despised peasant cuisine was reconstructed as culturally worthy and true expression of place. Small-scale artisanal wine production was no longer seen as an embarrassment, producing wines far more “rough” than those of Bordeaux and Champagne. Instead, such production was taken as ground and guarantor of authenticity (Laferté). Location, at regional, village and vineyard level, was taken as the primary quality indicator.For tourists lured to the French regions by the newly-established Guide Michelin, and for influential national and foreign journalists, an array of new promotional devices were created, such as gastronomic festivals and folkloric brotherhoods devoted to celebrations of particular foodstuffs and agricultural events like the wine-harvest (Laferté). The figure of the wine-grower was presented as an exemplary custodian of tradition, relatively free of modern capitalist exchange relations. These are the beginnings of an important facet of later wine companies’ promotional literatures worldwide—the “decoupling” of their supposed commitments to tradition, and their “passion” for wine-making beyond material interests, from everyday contexts of industrial production and profit-motives (Beverland). Yet the work of making the wine-maker and their wines authentically “of the soil” was originally stimulated in response to international wine markets and the tourist industry (Laferté).Against this background, in 1935 the French government enacted legislation which created theInstitut National des Appellations d’Origine (INAO) and its Appelation d’Origine Controlle (AOC) system (Barham). Its goal was, and is, to protect what it defines as terroir, encompassing both natural and human elements. This legislation went well beyond previous laws, as it did more than indicate that wine must be honestly labelled as deriving from a given place of origin, for it included guarantees of authenticity too. An authentic wine was defined as one which truly “expresses” the terroir from which it comes, where terroir means both soil and micro-climate (nature) and wine-making techniques “traditionally” associated with that area. Thus French law came to enshrine a relatively recently invented cultural assumption: that places create distinctive tastes, the value of this state of affairs requiring strong State protection. Terroir must be protected from the untrammelled free market. Land and wine, symbiotically connected, are de-commodified (Kopytoff). Wine is embedded in land; land is embedded in what is regarded as regional culture; the latter is embedded in national history (Polanyi).But in line with the fact that the cultural underpinnings of the INAO/AOC system were strongly commercially oriented, at a more subterranean level the de-commodified product also has economic value added to it. A wine worthy of AOC protection must, it is assumed, be special relative to wines un-deserving of that classification. The wine is taken out of the market, attributed special status, and released, economically enhanced, back onto the market. Consequently, State-guaranteed forms of authenticity embody ambivalent but ultimately efficacious economic processes. Wine pioneered this Janus-faced situation, the AOC system in the 1990s being generalized to all types of agricultural product in France. A huge bureaucratic apparatus underpins and makes possible the AOC system. For a region and product to gain AOC protection, much energy is expended by collectives of producers and other interested parties like regional development and tourism officials. The French State employs a wide range of expert—oenological, anthropological, climatological, etc.—who police the AOC classificatory mechanisms (Barham).Terroirisation ProcessesFrench forms of legal classification, and the broader cultural classifications which underpin them and generated them, very much influenced the EU’s PDO system. The latter uses a language of authenticity rooted in place first developed in France (DeSoucey). The French model has been generalized, both from wine to other foodstuffs, and around many parts of Europe and the world. An Old World idea has spread to the New World—paradoxically so, because it was the perceived threat posed by the ‘placeless’ wines and decontextualized grapes of the New World which stimulated much of the European legislative measures to protect terroir (Marks).Paxson shows how artisanal cheese-makers in the US, appropriate the idea of terroir to represent places of production, and by extension the cheeses made there, that have no prior history of being constructed as terroir areas. Here terroir is invented at the same time as it is naturalised, made to seem as if it simply points to how physical place is directly expressed in a manufactured product. By defining wine or cheese as a natural product, claims to authenticity are themselves naturalised (Ulin). Successful terroirisation brings commercial benefits for those who engage in it, creating brand distinctiveness (no-one else can claim their product expresses that particularlocation), a value-enhancing aura around the product which, and promotion of food tourism (Murray and Overton).Terroirisation can also render producers into virtuous custodians of the land who are opposed to the depredations of the industrial food and agriculture systems, the categories associated with terroir classifying the world through a binary opposition: traditional, small-scale production on the virtuous side, and large-scale, “modern” harvesting methods on the other. Such a situation has prompted large-scale, industrial wine-makers to adopt marketing imagery that implies the “place-based” nature of their offerings, even when the grapes can come from radically different areas within a region or from other regions (Smith Maguire). Like smaller producers, large companies also decouple the advertised imagery of terroir from the mundane realities of industry and profit-margins (Beverland).The global transportability of the terroir concept—ironic, given the rhetorical stress on the uniqueness of place—depends on its flexibility and ambiguity. In the French context before WWII, the phrase referred specifically to soil and micro-climate of vineyards. Slowly it started mean to a markedly wider symbolic complex involving persons and personalities, techniques and knowhow, traditions, community, and expressions of local and regional heritage (Smith Maguire). Over the course of the 20th century, terroir became an ever broader concept “encompassing the physical characteristics of the land (its soil, climate, topography) and its human dimensions (culture, history, technology)” (Overton 753). It is thought to be both natural and cultural, both physical and human, the potentially contradictory ramifications of such understanding necessitating subtle distinctions to ward off confusion or paradox. Thus human intervention on the land and the vines is often represented as simply “letting the grapes speak for themselves” and “allowing the land to express itself,” as if the wine-maker were midwife rather than fabricator. Terroir talk operates with an awkward verbal balancing act: wine-makers’ “signature” styles are expressions of their cultural authenticity (e.g. using what are claimed as ‘traditional’ methods), yet their stylistic capacities do not interfere with the soil and micro-climate’s natural tendencies (i.e. the terroir’sphysical authenticity).The wine-making process is a case par excellence of a network of humans and objects, or human and non-human actants (Latour). The concept of terroir today both acknowledges that fact, but occludes it at the same time. It glosses over the highly problematic nature of what is “real,” “true,” “natural.” The roles of human agents and technologies are sequestered, ignoring the inevitably changing nature of knowledges and technologies over time, recognition of which jeopardises claims about an unchanging physical, social and technical order. Harvesting by machine production is representationally disavowed, yet often pragmatically embraced. The role of “foreign” experts acting as advisors —so-called “flying wine-makers,” often from New World production cultures —has to be treated gingerly or covered up. Because of the effects of climate change on micro-climates and growing conditions, the taste of wines from a particular terroir changes over time, but the terroir imaginary cannot recognise that, being based on projections of timelessness (Brabazon).The authenticity referred to, and constructed, by terroir imagery must constantly be performed to diverse audiences, convincing them that time stands still in the terroir. If consumers are to continue perceiving authenticity in a wine or winery, then a wide range of cultural intermediaries—critics, journalists and other self-proclaiming experts must continue telling convincing stories about provenance. Effective authenticity story-telling rests on the perceived sincerity and knowledgeability of the teller. Such tales stress romantic imagery and colourful, highly personalised accounts of the quirks of particular wine-makers, omitting mundane details of production and commercial activities (Smith Maguire). Such intermediaries must seek to interest their audience in undiscovered regions and “quirky” styles, demonstrating their insider knowledge. But once such regions and styles start to become more well-known, their rarity value is lost, and intermediaries must find ever newer forms of authenticity, which in turn will lose their burnished aura when they become objects of mundane consumption. An endless cycle of discovering and undermining authenticity is constantly enacted.ConclusionAuthenticity is a category held by different sorts of actors in the wine world, and is the means by which that world is held together. This situation has developed over a long time-frame and is now globalized. Yet I will end this paper on a volte face. Authenticity in the wine world can never be regarded as wholly and simply a social construction. One cannot directly import into the analysis of that world assumptions—about the wholly socially constructed nature of phenomena—which social scientific studies of other domains, most notably culture industries, work with (Peterson, Authenticity). Ways of thinking which are indeed useful for understanding the construction of authenticity in some specific contexts, cannot just be applied in simplistic manners to the wine world. When they are applied in direct and unsophisticated ways, such an operation misses the specificities and particularities of wine-making processes. These are always simultaneously “social” and “natural”, involving multiple forms of complex intertwining of human actions, environmental and climatological conditions, and the characteristics of the vines themselves—a situation markedly beyond beyond any straightforward notion of “social construction.”The wine world has many socially constructed objects. But wine is not just like any other product. Its authenticity cannot be fabricated in the manner of, say, country music (Peterson, Country). Wine is never in itself only a social construction, nor is its authenticity, because the taste, texture and chemical elements of wine derive from complex human interactions with the physical environment. Wine is partly about packaging, branding and advertising—phenomena standard social science accounts of authenticity focus on—but its organic properties are irreducible to those factors. Terroir is an invention, a label put on to certain things, meaning they are perceived to be authentic. But the things that label refers to—ranging from the slope of a vineyard and the play of sunshine on it, to how grapes grow and when they are picked—are entwined with human semiotics but not completely created by them. 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